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‘Human Rights Campaign’ Sues Florida Over Transgender Sports Ban

‘Human Rights Campaign’ Sues Florida Over Transgender Sports Ban

The lawsuit alleges the bill violates Title IX of the Education Amendments of 1972 and the Equal Protection Clause and Due Process Clause of the 14th Amendment.

The Human Rights Campaign (HRC) filed a federal civil rights lawsuit against Florida over its transgender law SB 1028. It also promised future lawsuits against Arkansas, Mississippi, and Tennessee over their laws.

Florida Gov. Ron DeSantis signed the bill on June 1. Athletes must compete in sports associated with their biological sex.

Basics of Lawsuit, Background of Plaintiff

With the law firm Arnold & Porter, HRC filed the lawsuit in the District Court for the Southern District of Florida on behalf of an 8th grader and her parents. (As you know, I will address you however you want, but I will not ignore your biological sex.)

HRC identifies her as Daisy, while the lawsuit names her as D.N. The defendants include:

  • DeSantis
  • Florida High School Athletic Association (FHSAA)
  • Broward County School Board
  • Broward County School Board Superintendent Robert Runcie
  • Florida State Board of Education
  • Florida Board of Education Commissioner Richard Corcoran

Daisy identifies as a female, but she is a biological male. The lawsuit claims Daisy presented herself as a female in preschool. Somehow, at three years old, Daisy knew all about gender because she told “her parents in clear terms” that she viewed “herself as a girl.” Her parents realized Daisy was transgender when she was five or six. They have used the name Daisy since she was in second grade.

Daisy’s parents put her on hormone blockers at age 11. She started estrogen in 2021.

Gee, if my parents acted like Daisy’s parents, they would have raised me as a male and put me on testosterone. I’m glad they never did because, before junior high, I realized I am just a tomboy. Did anyone know about gender at three years old? Or did Daisy’s parents force gender on her? (Don’t answer. It’s rhetorical because we all know the truth.)

DeSantis said the bill is “based off biology, not based on ideology.” HRC said DeSantis used the word etiology, but I don’t recall it. Anyway, etiology is “the cause of a disease or abnormal condition.”

HRC said DeSantis’s “statement fails to acknowledge the complexity of biology, as it relates to sex and gender identity.”

No. Biology is not complex. You either have XX or XY chromosomes.

Daisy participates on the girls’ soccer team at school, a girls’ travel team, and a girls’ recreational league.

Allegations

The lawsuit alleges the Florida bill violates Title IX of the Education Amendments of 1972 and the Equal Protection Clause and Due Process Clause of the 14th Amendment.

The lawsuit insists Daisy “is irreparably harmed by Defendants’ violation of Title IX.” The law supposedly violates Title IX because “excluding transgender individuals from school programs or athletic opportunities within schools is discrimination on the basis of sex.”

Um, estrogen does not make you female. Having XX chromosomes makes a person a female.

“Neither Title IX nor any federal regulations permit a state or locality to discriminate based solely on a person’s gender assigned to them at birth,” continued the plaintiffs. “Because this law contains a definition of sex that directly contradicts federal law, and segregates transgender girls based solely on their status as transgender girls or women, it violates Title IX.”

Um, nature gives you your sex. Biology! The XX sperm obviously fertilized the egg. No one assigned Daisy’s sex at birth except nature. Plus, the Florida law states the actual definition of sex. It doesn’t surprise me it contradicts the federal government because it allows women to murder their unborn human beings, so it’s obvious they don’t know basic biology.

HRC and Daisy allege SB 1028 violates the Equal Protection Clause because it treats transgender girls and boys differently. I read the law as everyone must participate in the sport associated with their biological sex. Transgender girls receive all the attention because they’re the ones trying to play all the female sports.

It is precious they claim the law “ignores basic medical science about transgender students, as well as the impact of hormone suppressants.” As I said above, chromosomes make you male or female. Not hormones.

The plaintiffs assert SB 1028 violates the Due Process Clause since it says no one can be “deprived of life, liberty, or property without due process of law.” They write:

The right to liberty under the Due Process Clause provides individuals with a right to be free from unnecessary government intrusion into their private affairs and from unnecessary interference with their private conduct. Defendants’ enforcement of the law would require Plaintiff to disclose sensitive medical information that would otherwise not be available, including to third parties, parents and other students who might file claims under this law. It would require such disclosure even if her legal documents, and in particular her birth certificate, identified her gender as female since she would have to produce information as to her assigned gender at the time of birth.

Defendants cannot justify this discriminatory action because it is not related to any compelling or important governmental interest.

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Comments

Acting like CHILDREN can be transgender is disgusting child abuse, straight up.

    So .00000000000000000000000000000000000000000000000000001 percent of the population wants to walk around with their genitals hanging out, or run for governor of California.

    We cannot and will not survive by indulging the weirdness of 00000000000000000000000000000000000000000000000000001 percent of the population so Soros and Red China can continue to run our nation.

    Don Surber has a brilliant column today:

    Help Red China collapse:

    “President Trump’s goal of America becoming self-reliant again upset Washington politicians because they are reliant on bribes from Red China.

    But Red China is dependent on the world, too. Communists cut a deal with students after Tiananmen Square. Red China would be capitalist when it came to economics, but communist on the political end. That it lasted 32 years is remarkable because no one trusts China, especially the Chinese.

    Western politicians trust Red China because its checks clear the bank. For a few million in bribes, Red China has raked in trillions in trade surpluses, which finance its military and the public works projects that keep people at home happy….”

    https://donsurber.blogspot.com/2021/06/red-china-may-be-paper-tiger.html

    McConnell. Feinstein. Pelosi. Obama. Biden. All on the payroll.

    redc1c4 in reply to Olinser. | June 30, 2021 at 9:10 pm

    there are three choices here:

    Male

    Female

    Mentally Ill

    “Daisy” and his parents chose poorly.

2smartforlibs | June 30, 2021 at 2:20 pm

An obvious WAR ON WOMEN from The Human Rights Campaign

    Ben Kent in reply to 2smartforlibs. | June 30, 2021 at 4:56 pm

    HRC IS KILLING GAY RIGHTS

    HRC is the leading gay rights organization.

    Gay people succeeded in achieving civil rights – which might have meant a diminished role for HRC. To maintain relevance and fund raising power 0 they decided to become political partisans.

    They now are an arm of the DNC and advocate for extreme partisan political causes – while claiming to speak for all gay people.

    Straight people are starting to think all gay people are pushing a Marxist agenda. It is hurting the cause of gay rights.

    HRC is no longer a civil rights organization. They are a partisan political organization. They should STOP claiming that they speak for all gay people – because they don’t.

    henrybowman in reply to 2smartforlibs. | June 30, 2021 at 7:31 pm

    Indeed. And if women do not organize to rise up en masse against the Human Rights Commission in this action, I will need to find a closet to warehouse the enormous order of popcorn I just placed from Amazon.

      From Amazon? Oh, Henry!

        henrybowman in reply to Fuzzy Slippers. | July 1, 2021 at 12:07 am

        Live way out in the sticks. Nothing larger than a grocery and a hardware store. Temporary medical condition makes driving not recommended. Nobody nearby delivers. Which reminds me, I need to order more Oh, Henry bars.

      Ben Kent in reply to henrybowman. | June 30, 2021 at 7:39 pm

      HB – you are spot-on. Women’s right sare trampled on for the sake of .003% of the population.

      It is tyranny of the minority.

      No sure how gay rights organizations could *possibly* see politicizing their cause as a winning strategy. This will blow up in their face and set back gay rights along with it.

      Gay or straight – anyone case see this is a train wreck in the making.

      And it will be impossible to blame anyone but the Marxist leadership of these organizations who put their politics above the rights of the people they pretend to care about.

        n.n in reply to Ben Kent. | June 30, 2021 at 8:28 pm

        Political congruence (“=”) is a many Pro-Choice religious principle pridefully paraded under no less than a Rainbow banner of inclusive exclusion. So, the sociopolitical bent inevitably, predictably progressed and mutated.

        Can they abort the baby, cannibalize her profitable parts, sequester her carbon pollutants, and have her, too? Yes, they can. I wonder how many times and in how many places this evolution has occurred throughout history and the world.

      Feminists gave up their rights when they subscribed to the Pro-Choice religion that denies women and men’s dignity and agency, and lives deemed unworthy, for social progress, convenience, and profit.

    shrinkDave in reply to 2smartforlibs. | July 1, 2021 at 2:01 am

    Being gay or straight doesn’t require a medical intervention because they are natural human conditions. If your condition requires modern technology, drugs and surgery, you are suffering from a severe disorder, with the liabilities, limitations and consequences that come with that disorder. Insisting that normal people accommodate your disorder and using your disorder as an advantage over others is sick.

    Ben Kent in reply to 2smartforlibs. | July 1, 2021 at 2:54 pm

    Consistent with the Leftist Propaganda that names everything the opposite of what it really is (such as “Black Lives Matter” and “equity” and “anti-racism”) … here is the Human Rights Campaign (HRC) pushing an agenda that is destructive to women. Hey, HRC, I guess you don’t think women are humans.

There are reasons that “classes” exist in sports. Certain physical characteristics can present an uneven playing field. You would not expect a 120 lb boxer to go up against a 225 lb boxer in a “fair fight”. The same goes for male/female. Testosterone does a number of things. Some of those indeed do not matter. A man’s index finger is shorter than his ring finger, a women’s index finger is not shorter than her ring finger. That difference does not matter. The female pelvis is remodeled during growth to provide a support for the uterus during a pregnancy. It is higher and it is relatively wider. That results in a different Q-angle of the legs. That is the angle of the leg going down to the feet. It results in a much more inefficient running style. Women’s results in the Boston Marathon are usually 20+ min. apart. That is not because the women are not as well trained or as dedicated as the men, it is because the female anatomy is designed differently. The old taunt “You run like a girl.” has some real basis to it. Athletic classes should be defined to have like compete against like. End of subject.

    alaskabob in reply to lhw. | June 30, 2021 at 3:27 pm

    I think you that forgot to read how male and female are no different. Well, for the gen-whatever feminists… you got what you wanted and with that biological females have been kicked to the curb. But in this upside down inside out world reality has no place either on the athletic field or battlefield. Life has become too easy and too soft so that the wisdom of the ages has been forgotten… until it’s needed and then let the Darwinian rules come into play. For now, these parents are deforming .their children on the alter of wokism.

      henrybowman in reply to alaskabob. | June 30, 2021 at 7:32 pm

      Unfortunately, the consequences of Darwinism are being kept at bay by Infrastructure Bills.

        Funny how the womens lib, transgender, abortion crowd are typically atheist/humanist and are supposed to believe in survival of the fittest but don’t understand how men are biologically stronger than females

          henrybowman in reply to stl. | July 1, 2021 at 12:02 am

          Atheists can still be altruists, humanists decidedly so. If I’m kind to my fellow man, it’s not because I’m afraid that there’s a little old man sitting in a cloud ready to smite me if I don’t. Indeed, I find the doctrine of female separateness and subservience most often originating from various religious texts. Every time I read a story about Ruby Ridge, I wonder anew how many males here could possibly be in the US who believe in the importance of constructing family menstrual sheds.

    thetaqjr in reply to lhw. | June 30, 2021 at 11:39 pm

    Damn, I’m getting excited.

My dust would NEVER have won a D1 scholarship if she had to compete against a trans

WOMEN WTF IS WRONG WITH YOU!!!!

FIGHT!!!

The suit was filed in the District Court for the Southern District of Florida. There are 16 current judges and 11 senior judges. Of the current judges, 5 were appointed by Obama, 2 by Clinton, 5 by Trump, 3 by Bush Jr, and one (Chief Judge) by Bush Sr.

https://en.m.wikipedia.org/wiki/United_States_District_Court_for_the_Southern_District_of_Florida

Draw your own conclusions about how this will play out.

Women, this is your hill to die on!!!

    I would think it would be the hill for professional female athletes to fight and die on. For decades I have heard ad nauseum about “groundbreaking” female athletes. Yet now DIDs (Dudes In Dresses) start stealing opportunities meant for females , and the professional female athletes are dead silent. Like their male counterparts (whose livelihoods are not threatened by DIDs) these athletes will only engage in safe protesting – like bloviating about “systemic racism” (which does not exist), or the need to combat “white supremacy” (which also does not exist), or some other Chinese Communist Party-approved cause.

    And it makes sense (in a purely selfish way): why make yourself a target when injuries and/or age will end your playing career in just a few years? Offend the Wokestapo, and there will be no lucrative business opportunities, coaching positions or fat paychecks for endorsements after your playing days are over. For all of their self-congratulations about “being a role model for young girls”, most female athletes lack the courage to say or do anything that will offend the Perpetually Offended.

JB
Are you around?

E Howard Hunt | June 30, 2021 at 3:36 pm

Please people, let’s practice good sportsperchildship.

The parents are some of the worst people on the planet. What they did to their own child is as horrible as murder.

Women have a uterus, fake women do not. Among other things…
The biggest, strongest, most practiced women cannot compete with men in sports as women were designed to deliver our children.

Any attempt to change nature is doomed to failure. It is women that need to band together and throw out the men no matter what their claim.

Sex “assigned”? By whom? You are what you are and you have the reproductive organs you were born with.

What a stupid argument.
.

    Not so stupid – if you’re trying to foist the Weimar Republic upon modern America – so you can take it over and impose fasicsm.

    They typicall say that “gender” is assigned because “gender identity” and “biological sex” are not the same thing.

    Of course, they deny that “biological sex” is a “binary” or that it really even measurable exists because not only it is considered a “spectrum” but that there are many types of sexes (e.g. chromosomal sex, hormonal sex, physical sex, brain sex, &c.), and rare medical conditions are put forth in a “false dilemma fallacy” to declare that the “binary” doesn’t exist at all by presenting all these “sexes” as if they are independent of one another.

    The truth of the matter is that absent a medical condition (which usually also involves infirtility), an XX chromosome pair results in a person being a female and a XY chromosome pair results in a person being a male, and that further there are physical and actual physiological differences between the sexes, but acute and statistically significant. While there are variations such that some woman may be a better soccer player, for example, than some man, they are variations centered around two different core starting points. Rather than a “spectrum” of masculine vs. feminine as the starting point, it is two different things each with their own variation which might overlap on some measured aspect or another. In other words, “masculine” and feminine” exist because people observed differences between males and females, and not because they are “social constructs” that were “assigned” to males and females in order to create a “system of oppression” against those whose “assigned gender” doesn’t match their “true gender identity”.

    But even the idea of biological sex is being questioned by laws that allow people to change their designated sex on birth certificates or drivers licenses. Soon, the natural and simple words that used to be associated with biological sex will all apply solely to “gender identity” which will make it not only seem normal to think that way, but that people always thought that way and serve as a tool for gaslighting. People who talk about differences in biological sex will need increasingly less common and unusual words to describe this, which will result in people talking that way appearing to be weirdoes.

    Heck, we are already seeing “gay” and “lesbian” no longer meaning attraction to the same sex, but to attraction to the same “gender identity”, and that anyone who is attracted to the same or the opposite sex are labeled “transphobic” for having a “weird genital fetish”. This is the argument used in the case that the Supreme Court refused to take up and thus let stand where a “trans-man” didn’t want to use the “girls” restroom: A biological female would be freaked out if a “man with a vagina” used the same restroom because they presented themself as a different “gender identity” but would be more comfortable with people of either biological sex just as long as they acted or presented themselves as the same “gender identity”.

Just so we are clear, “identifies” = pretends to be.

Bear in mind that Bostock doesn’t say you have to pretend a man is a woman. What it says is that you can’t treat someone differently just because he’s a man. For instance if you allow women to wear women’s clothing at work, but you don’t allow men to do the same, then you’re discriminating against them on the grounds of their sex, and Title 6 says you can’t do that.

As for the argument that you’re treating everyone the same because men can wear men’s clothes and women can wear women’s clothes, unfortunately that gets blown out of the water by Loving v Virginia. And that is at the root of this whole mess.

In Loving the supreme court said that VA’s law against miscegenation discriminated against the Lovings on the grounds of their race. Had Mr Loving been black he would have been allowed to marry Mrs Loving; therefore the law made a criminal of him only because he was white. And the same in reverse for Mrs Loving; she was made a criminal only because she was black. VA’s argument that it treated both races the same because each was allowed to marry within itself was rejected; and that’s the same argument that came up again in Bostock, so Gorsuch’s opinion rejected it again. If Loving is correct, then it’s hard to explain why Bostock is not. And the court wasn’t about to reverse Loving. But maybe it should have.

I wonder what Thomas thinks about Loving, in his heart of hearts. If not for that case he and his wife would have had to move to MD when they got married. But Thomas isn’t one to tailor his opinions according to whose ox is gored.

In any case, none of that is relevant here. Assuming that segregated sports and segregated bathrooms are still legal, and nobody has yet suggested they aren’t, nothing in Bostock helps a boy who wants to play on a girls’ team or use a girls’ bathroom. The fact that he says he’s a girl is irrelevant.

    Unfortunately, overturning the Florida law would be consistant with Bostock. The teams are called “boys” teams or “girls” teams indicating that they are segregated on the basis of “gender identity”, not “biological sex”. Thus to prohibit a “girl” who has a penis or XY chromosomes from being on the “girls” team would be to discriminate against them on the basis of their status as being transgender and on the basis of sex. Since both “boys” and “girls” teams are open to individuals of either sex, then, would just be used as proof that any Federal law that allows separate facilities or treatment on the basis of sex does not apply to the case of teams divided by “gender identity”.

      The teams are called “boys” teams or “girls” teams indicating that they are segregated on the basis of “gender identity”, not “biological sex”.

      Huh? That does not follow at all. Indeed the FL law says explicitly that the teams are segregated on the basis of biological sex.

      If it is still lawful to have separate girls’ teams and girls’ changing rooms — and nobody has yet suggested that it isn’t — then Bostock does not require that boys be allowed in them. It certainly doesn’t require that the state pretend boys are girls.

      Bostock’s employer was not required to accept that he is a woman; it was only required to let him wear women’s clothes at work. And it was similarly required to let all men do the same if they feel like it, even if they don’t claim to be women. (Alternatively I suppose it could ban women’s clothing for all employees, including women.) But it was not required to let him, or any other man, use the ladies’ room; the court explicitly said it was not addressing that question.

Chromosomes can’t be the criterion, because there exist biological females with Y chromosomes. They’re infertile, but they are anatomically female, and are “assigned” at birth to be female, and it should be obvious that they should play sports with women and use the women’s changing rooms and bathrooms. But this is obviously not the case with Daisy, so it shouldn’t be relevant to her case.

    ConradCA in reply to Milhouse. | June 30, 2021 at 5:28 pm

    The fraction of a percent of females with Y chromosomes should affect how we handle everyone else. Trans people refuse to accept reality and that means they are mentally ill. No one can turn a man into a women or a women into a man. All doctors can do is create disguise that pander to trans people’s mental illness. A better thing to do is develop treatment so trans people accept reality.

      Milhouse in reply to ConradCA. | June 30, 2021 at 5:34 pm

      Conrad, it doesn’t matter how small that fraction is. Even if it’s only one individual in the entire world, her existence proves that sex is not defined by chromosomes. Her existence proves that possession of a Y chromosome does not make a person male.

        henrybowman in reply to Milhouse. | June 30, 2021 at 7:44 pm

        Sophistry. It still proves that possession of one X and one Y chromosome make you male. The triplet syndromes are recognized medical deficiencies.

          Milhouse in reply to henrybowman. | July 1, 2021 at 12:50 am

          Sophistry. It still proves that possession of one X and one Y chromosome make you male.

          You have that backwards. The existence of XY women proves the exact opposite. They have one X and one Y and yet they are anatomically women. Thus the chromosomes are not a defining feature of sex.

        n.n in reply to Milhouse. | June 30, 2021 at 8:13 pm

        There is a normal distribution that follows genetics and edge cases where expression is influenced by other factors. The question is what is normalized (i.e. celebrated, promoted), tolerated, and rejected and why. Science is an art and practice of correlations in a limited frame of reference. Politics is a social construct based on congruences.

    They use actual cases of people with medical conditions to declare that there is no “biological sex” binary and that that is just about which genitallia one has and nothing to to with their “gender identity”. Even once august scientific journals like “Nature” are saying so now.

    https://www.nature.com/articles/518288a

Well, I do refuse to call him ‘her’, or ‘girl’ or any other thing that I know he is not.
And I do refuse to recognize any right or authority for the government to compel me to express views or ideas contrary to my own. It is forbidden by the Constitution, even if they want to ignore that fact.

With the social progress of two mommies and two daddies per chance a multiplicity of each and neither, we can dispense with the conventional wisdom of normalizing a favorable juxtaposition of the sexes, and go with weight classes. So, since the average male exceeds the physical abilities of the average female, then preteen boys vs women would be a fair and equitable construct, and inclusive of the full gender and transgender (e.g. homosexual not privileged) spectrum.

    If you did that then it would become clear that there are actual physical differences between top women athletes and top athletes who are men, which would lead people to realized that the sexes are different and are about more than just genitalia differences.

George_Kaplan | June 30, 2021 at 6:54 pm

I disagree that it is appropriate to enable someone’s gender delusion. Gender is derived from biological sex and not something that can be changed no matter how radical the surgery one has.

As regards males are XY, girls are XX, yes that’s true, generally, but the transactivists make a big thing over all the genetic anomalies. There are XXY males, XXX females, X females, XX males, and various other anomalies, but these total to less than 0.5% of the population, and most are simple and obvious variations of the biological norms not gender differences.

    Milhouse in reply to George_Kaplan. | June 30, 2021 at 7:34 pm

    Yes, but their existence proves that a person’s sex is not defined by their chromosomes. It happens to be true that almost all people have the appropriate chromosomes for their sex, but those few that don’t are nonetheless whichever sex their anatomy says they are, not the one that they have the chromosomes for.

    (There are also people with ambiguous anatomy, and it may be impossible to determine what sex they are; that’s nature for you. But there are people whose anatomy is not ambiguous at all, but their chromosomes are messed up. Saying that chromosomes define sex would mean that they are not the sex that they clearly are.)

Easy workaround.

Eliminate sports categories based on gender.

All X to the power of infinity genders compete against each other. The best make the teams.

No more discrimination, well, unless competing based on ability is considered discrimination.

If it is than everyone makes whatever team they want to play for including at the professional level.

Everyone gets to play and most don’t care to watch.

Oops.

    henrybowman in reply to Y2K. | June 30, 2021 at 7:45 pm

    And if you don’t like the results of that, you always have the equity card to play!

    n.n in reply to Y2K. | June 30, 2021 at 8:00 pm

    Yes, with two sexes: males and female, there are still edge cases. With two genders: masculine and feminine, respectively, there is still a gender spectrum, not including the transgender spectrum (e.g. homosexual). Political congruence (“=”) is a principle of inclusive exclusion under the Pro-Choice, selective, opportunistic, relativistic religion suitable for avoidance and a first-order forcing of progress (e.g. unreconciled differences, special and peculiar interests, dysfunction).

Why do the Leftists have such difficulty with reality? If someone identifies as a female goat, will they wait for the feta to age?

Florida will lose. People forget that “gender identity” and “biological sex” are legally different, and that “gendered language” such as words like boy, woman, he, hers, &c. are recognized as being associated with “gender identity” and not “biological sex”.

Unless the Florida law strictly refers to the teams a being segregated by biological sex and scrupulously avoided terms like “boy”, “girl”, or gendered pronouns, it will be taken as a given that the teams are segregated by “gender identity” and not “biological sex”, and thus it would be illegal to deny a “girl” a right to be on the “girls’ team” just because they are transgendered. The appropriation of the language and the forced “evolution” of the meaning of “woman”, for example, to mean “person with the gender identity of ‘woman'” instead of “biological female” is the greatest tool the transgender lobby has.

As much as people want to say that “gender = biological sex”, that argument legally already lost.

If you really want to fix this, you exploit the fact that they say that “gender identity” and “biological sex” are not only different things but not considered to even be related, by making it clear that the teams are not divided by “gender identity” but by “biological sex” and eschew gendered language, as much as it may not sound natural to speak that way… and then declare that dividing teams by “gender identity” is discrimination necessarily caused by “irrational animus”.

    “As much as people want to say that “gender = biological sex”, that argument legally already lost.”

    My question is not meant to doubt what you assert. But How is that the case? What cases make that the case?

    Where in law has that been established?

    Damn, I wish I knew how to eschew something.

    People forget that “gender identity” and “biological sex” are legally different,

    No, they are not. Not under USA law, and not under FL law. In fact, as far as I know, no state’s law has yet adopted that popular distinction.

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